DE LA CLÁUSULA ARBITRAL EN MATERIA DE CONSUMO.

Abstract

The author looks at the standard clause on arbitration by consumer affairs institutions and the unequal position in which the clause places the consumer subscribing to the agreement with respect to the service renderer, who holds the superior bargaining position. From this the author deduces that standard transactions to which consumers merely subscribe have little "contractual" content and that legislation needs to intervene to balance out the legal positions of the parties. Secondly, the author studies the standard clause on arbitration by consumer affairs institutions from an eminently practical standpoint, emphasizing the need to boost arbitration especially in consumer affairs from a legal point of view and the need to make increased physical means available for consumer arbitration. The author underscores the need to entrust an appropriate share of this task to different national legal authorities.